In re Kristian M.

Full title: LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff…

Court: California Court of Appeals, Second District, Fifth Division

Date published: Jan 22, 2008

No. B201954 (Cal. Ct. App. Jan. 22, 2008)

Opinion

In re KRISTIAN M., a Person Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. KRYSTA M., Defendant and Appellant. B201954 California Court of Appeal, Second District, Fifth Division January 22, 2008

NOT TO BE PUBLISHED

APPEAL from an order of the Superior Court of Los Angeles County No. CK61087, Emily A. Stevens, Judge.

Joseph D. MacKenzie, under appointment by the Court of Appeal, for Defendant and Appellant.

Rosa Figueroa Versage for Minor.

Raymond G. Fortner, Jr., Los Angeles County Counsel, James Owens, Assistant County Counsel, and Judith A. Luby, Deputy County Counsel for Plaintiff and Respondent.

TURNER, P. J.

I. INTRODUCTION

Krysta M., the mother, appeals from a Welfare and Institutions Code section 366.26 parental rights termination order. The mother contends the parental rights termination order must be reversed because of noncompliance with the Indian Child Welfare Act. The parties have stipulated to a limited reversal of the parental rights termination order to allow compliance with the Indian Child Welfare Act and immediate remittitur issuance. We accept the parties’ stipulation.

II. BACKGROUND

The parties agree there was noncompliance with the Indian Child Welfare Act. We concur in their assessment in this regard. Further, the parties agree the parental rights termination order must be reversed and remanded to permit proof of compliance with the Indian Child Welfare Act.

Our ability to accept a stipulated reversal is controlled by our prior decision in the case of In re Rashad H. (2000) 78 Cal.App.4th 376, 379-382. The present case involves reversible error, the failure to present substantial evidence of compliance with the Indian Child Welfare Act. (In re Marinna J. (2001) 90 Cal.App.4th 731, 736-740; In re Desiree F. (2000) 83 Cal.App.4th 460, 471-472.) Because the parental rights termination order would be reversed under any circumstances, a stipulated reversal advances those interests identified in Code of Civil Procedure section 128, subdivision (a)(8) for the reasons we explained in the case of In re Rashad H., supra, 78 Cal.App.4th at pages 379-382. (See Union Bank of California v. Braille Inst. of America, Inc. (2001) 92 Cal.App.4th 1324, 1329-1330.) If proper notice is provided and no tribe asserts that the child is of Indian descent, the parental rights termination order is to be reinstated.

III. DISPOSITION

The Welfare and Institutions Code section 366.26 order is reversed and the cause is remanded for compliance with the federal Indian Child Welfare Act requirements. Pursuant to the parties’ stipulation, this decision is final forthwith. The remittitur is to issue forthwith. All other orders are affirmed.

We concur: ARMSTRONG, J. MOSK, J.